Bill Text: GA SB147 | 2011-2012 | Regular Session | Engrossed

Georgia Senate Bill 147 (Prior Session Legislation)

Bill Title: Public Officials; prohibit from granting themselves licenses by waiving certain requirements; penalties

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2011-03-14 - House Second Readers [SB147 Detail]

Download: Georgia-2011-SB147-Engrossed.html

11 SB147/CSFA/1

Senate Bill 147

By: Senators Bethel of the 54th, Williams of the 19th, Rogers of the 21st, Thompson of the 33rd, Brown of the 26th and others

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for conflicts of interest, so as to prohibit public officials from granting themselves licenses by waiving certain requirements; to provide for penalties; to provide for renewal of such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for conflicts of interest, is amended by revising subsection (a) of Code Section 45-10-28, relating to penalties for violation of the part, as follows:

"(a)(1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26, or 45-10-29 shall be subject to:

(A) Removal from office or employment;

(B) A civil fine not to exceed $10,000.00; and

(2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26, or 45-10-29 shall be subject to:

(A) A civil fine not to exceed $10,000.00; and

(B) Restitution to the state of any pecuniary benefit received as a result of such violation.

(3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26, or 45-10-29 shall be subject to:

(A) A civil fine not to exceed $10,000.00; and

(B) Restitution to the state of any pecuniary benefit received as a result of such violation."

SECTION 2.

Said part is further amended by adding a new Code section to read as follows:

"45-10-29.

(a) Notwithstanding any law, rule, or regulation to the contrary, a public official shall not be authorized to waive any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business.

(b) Any license that has been issued by a public official by waiving any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business shall not be renewed until and unless the license holder has satisfied all of the requirements for securing a renewal license as well as any requirement that had been waived for the issuance of the original license.

(c) Any license that has been issued by a public official by waiving any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or his or her business shall bear a disclaimer in all capital letters in boldface type that states: 'NOTICE TO THE PUBLIC: THIS LICENSE WAS SELF-ISSUED BY (NAME OF PUBLIC OFFICIAL) WITHOUT THE HOLDER FULLY MEETING THE LEGAL, EDUCATIONAL, OR TESTING REQUIREMENTS.' Said disclaimer shall be included in any public listing or directory of license holders.

(d) Any person who knowingly violates subsection (a) or (b) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.